SHEPARD v. PODSAKOFF

Case No. 1:17-cv-00754-AWI-BAM (PC).

LAMONT SHEPARD, Plaintiff, v. M. PODSAKOFF, et al., Defendants.

United States District Court, E.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Lamont Shepard, Plaintiff, Pro Se.


ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DENIAL OF PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS (ECF No. 2)

ANTHONY W. ISHII, Senior District Judge.

Plaintiff Lamont Shepard ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This action was initiated on June 2, 2017. (ECF No. 1.) Plaintiff has consented to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). (ECF No. 6.)

On June 7, 2017, the assigned Magistrate Judge issued Findings and Recommendations that Plaintiff's application to proceed in forma pauperis be denied and that Plaintiff be required to pay the $400.00 filing fee in full to proceed with this action. (ECF No. 5.) Those Findings and Recommendations were served on Plaintiff and contained notice that any objections thereto were to be filed within thirty (30) days after service. (Id. at 3.) No objections were filed.

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The Findings and Recommendations (ECF No. 3) issued on June 7, 2017, are adopted in full; 2. In accordance with 28 U.S.C. § 1915(g), Plaintiff's application to proceed in forma pauperis (ECF No. 2) is denied; and 3. Within twenty-one (21) days following the date of service of this order, Plaintiff shall pay the $400.00 filing fee in full to proceed with this action. If Plaintiff fails to pay the filing fee within the specified time, this action will be dismissed without further notice.

IT IS SO ORDERED.


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